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Madras High CourtWP/15201/2011dismissed with direction

K.Geetha, 7/4 Manikandan V St. v. The Assistant Commissioner

2023-11-02Honourable Mr Justice K.Kumaresh Babu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and M.P.No.1 of 2011 & M.P.No.1 of 2013 K.Geetha ... Petitioner Vs The Assistant Commissioner (Urban Land Tax), Kundrathur, Kancheepuram District.

... Respondent PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari to call for records relating to the impugned charge memo issued by the respondent in Letter/Memo A/390/2009 dated 27.05.2011 and quash the same. For Petitioner : Mr.P.Rajendran For Respondent : Mr.R.Neethi Perumal Government Advocate Page No: 1/5

ORDER

This Writ Petition has been filed by the petitioner challenging the charge memo issued to him on the ground of jurisdiction.

2. Heard the learned counsels appearing on either side and perused the materials available on record before this Court.

3. A counter had been filed by the respondent indicating that as per the Government orders issued in G.O.Ms.No.19, Personnel Administrative Department, dated 11.02.2008, the Authority higher than the officer than him were empowered to frame charges. However, the final order would be passed by the disciplinary authority.

4. In view of the said G.O. Empowering the higher authority to issue charge memo, I do not find any infirmity in the charge memo Page No: 2/5

issued to the petitioner by the respondent.

5. Therefore, the Writ petition would fail and the same is dismissed. However, there shall be an direction to the appropriate authority to conclude the disciplinary proceedings within a period of six

(6) months from the date of receipt of a copy of this order. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

02.11.2023 gba Index : Yes/No Speaking order : Yes/No To The Assistant Commissioner (Urban Land Tax), Kundrathur, Kancheepuram District.

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K.KUMARESH BABU,J.

Gba and M.P.No.1 of 2011 & M.P.No.1 of 2013 02.11.2023 Page No: 5/5